Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: Travel with Expired Green Card

My wife 2 years conditional Green card has been expired however we applied to remove the conditional and we received ( i-797f approval notice for 18 months ) so my question is can she travel overseas for one month with er expired green card and the i-797f approval notice ? are there any risk when... View More

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
answered on Jan 29, 2021

No risk for her coming back.

1 Answer | Asked in Immigration Law for Georgia on
Q: I485 applied 10/19/20; waiting biometric on 1/21/21. Meanwhile I94 expired 12/4/20+H1 denied 1/8/21. Can I legally stay?

I485 is in progress with biometric on 1/21/21 but H1 denied and I94 already expired. Can we legally stay? and finish our next steps for I485 such as biometric, await EAD card and AP card?

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
answered on Jan 29, 2021

While your I-485 is pending, you are ok to stay in the U.S.

1 Answer | Asked in Immigration Law for Georgia on
Q: My father has passed away, and we are unable to claim the body because he was an illegal immigrant and has no id.

Is there any way around this?

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
answered on Jan 29, 2021

First, sorry about your loss. Second, There are many ways you can proof that you are related. Normally the holding entity will tell you what alternative documents are acceptable to receive teh body. Good luck

2 Answers | Asked in Immigration Law for Georgia on
Q: Is it possible to bring my mother here even though I'm on food stamp?

I became a naturalized citizen in 2019, I want to petition for my mother to come to the u.s so I can go to work, I am a stay at home mom but my husband work.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 27, 2020

A US citizen adult child can sponsor their parent for a green card. You are required to file a financial affidavit to show that you have sufficient income to be their financial sponsor. If your income is insufficient, then you will have to engage a joint financial sponsor. A joint financial sponsor... View More

View More Answers

2 Answers | Asked in Immigration Law for Georgia on
Q: Expired green card. What other form of ID can I use to get a GA drivers license?

I am a permanent resident of the US. CA accepted expired and or copy of the green card. GA does not. Aside from renewing card for $500 and waiting 6 months, is there anything else I can use to obtain a GA drivers license?

Mario Musil
PREMIUM
Mario Musil
answered on Oct 27, 2020

If you apply to renew your green card, you can either receive an extension sticker on the card when you do your biometrics, or you can ask for temporary card during an infopass appointment at your local USCIS office.

View More Answers

1 Answer | Asked in Immigration Law for Georgia on
Q: Immigration

I filed an i130 for my husband who has DACA and is currently in the US and has been since he was 5. He applied for DACA as soon as he turned 18. Our i130 was approved and we submitted our visa application but we have ran into the issue of how to fill out the i864 (affidavit of support) because I am... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Sep 22, 2020

You are the primary sponsor and your husband a household member.

You are also going to need a provisional waiver if your husband entered the USA without inspection.

2 Answers | Asked in Immigration Law for Georgia on
Q: I am currently sponsoring my wife from the Philippines on a k1 visa. We are stuck on one question on I-864. Our issue i

I am currently sponsoring my wife from the Philippines on a k1 visa. We are stuck on one question on I-864. Our issue is the question that says if you have sponsored someone in the past (who was my wife) who is now a permanent residence that i should add them to my household number dependents, but... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 18, 2020

The I-864 explaines your obligation as a sponsor. This applies to your previous wife and the current. Even though you are no longer married you may still be responsible for her pursuant to the I-864 you signed when you sponsored her to get her green card.

View More Answers

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Georgia on
Q: I'm running a small business online and I'm looking to hire a helper. However my immigration status is pending I-485.

I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!

Adan Vega
Adan Vega
answered on Aug 11, 2020

The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my fiancé stay in the US legally while my permanent residency application is being processed?

I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 10, 2020

Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.

2 Answers | Asked in Immigration Law for Georgia on
Q: Traveling interstate with an expired US passport, having overstayed the 90 day ESTA visa stamped on my AUS passport.

I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 3, 2020

You are a USC by birth. You do not need ESTA and you are not qualified for ESTA. Renew your passport and travel with your Birth Certificate.

View More Answers

1 Answer | Asked in Immigration Law for Georgia on
Q: i have a pending case of i485 but my initail case was denied which i send a notice of withdrawer for, do i need reply

i was sent a denial notice for i485 which i sent a withdrawer notice for before filling a new case which is pending, do i need to reply the denial case

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 23, 2020

No you do not need to respond to the denial.

1 Answer | Asked in Immigration Law for Georgia on
Q: I previously applied for permanent resident but I got divorced from my ex before our interview but I got married again

Does the first case has anything to to again or do I have to file a case to cancel the first one

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 13, 2020

You need to dismiss the first case and you and your wife file a new case. Pursuant to your new application/petition you will need to file documentation to support the legitimacy of the first marriage as well as the second.

1 Answer | Asked in Immigration Law for Georgia on
Q: Petition for Nephew.

When I file an immigration petition for my brother in 2007 as an American citizen than my nephew was 15 years old. Now when I got the petition approved recently my nephew is 28 years old and single. Is he still going to be qualified to get an immigration visa with my brother?

How long is... View More

Adan Vega
Adan Vega
answered on May 24, 2020

The sibling petition that you filed on behalf of your brother will not yield an immigrant visa for at least 13 to 22 years depending on the country of origin. With that in mind, your nephew may “age out” by the time the immigrant visa becomes available.

1 Answer | Asked in Immigration Law for Georgia on
Q: immigration visa

I just got the approval letter from the National Visa Center for my sibling's immigration visa.whic was applied about 13 years ago. They have asked to bring the original documents at the interview in the embassy. Since it was done 13 years ago I am not able to find the original or the copy of... View More

Mario Musil
PREMIUM
Mario Musil
answered on May 6, 2020

You can contact the NVC with these questions and they should be able to assist you. Generally, they will not have access to the items you sent to the NVC at the embassy. If the original documents are items that you can obtain new ones of, I recommend doing that. For example, request new birth... View More

1 Answer | Asked in Tax Law and Immigration Law for Georgia on
Q: Should I make an amend on tax returns if my husband is just currently waiting on an interview at Mexico consulate?

I have been made aware that I should have filed my tax returns as married separately instead of single and it could affect my husband’s immigration process. He is living in Mexico and has never been to the U.S. How should I go about making an amend and what info do I need to provide on the form... View More

Zaher Fallahi
Zaher Fallahi
answered on Apr 27, 2020

You are advised to ensure you status is accurate. If subsequent to the fling you were made aware of an error, you should amend the return as soon as possible with explanation of an “inadvertent mistake”. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer:...
View More

2 Answers | Asked in Immigration Law and Tax Law for Georgia on
Q: Will tax returns that I filed as single but am married since 2017 affect my husbands green card process?

I am a U.S citizen who is trying to get my husband a green card, We got married in 2017 and I have always filed my taxes single since then because I was told by the accountant that I didn’t need to do anything different since my husband did not live with me. Is this going to affect my husbands... View More

Adan Vega
Adan Vega
answered on Apr 27, 2020

If you are married, you should be filing your federal tax returns as “married” and not as “single”. USCIS or the U.S. consulate can take the position that you are not in fact married based on your filed federal tax returns. Keep in mind that you will have to present your last tax return... View More

View More Answers

1 Answer | Asked in Immigration Law for Georgia on
Q: Does a court case involving internal family financial dispute affect immigration for a foreign spouse on spouse visa?

One of my very close friends (him - a US citizen) married an engineer (her) residing in Vancouver. She has a course case involving a family financial dispute (between her and her mother) that was settled in the court and she paid all financial obligations. He is about to sponsor her on a spouse... View More

Adan Vega
Adan Vega
answered on Apr 26, 2020

A financial dispute resulting in a civil court settlement between two family members ( mother and daughter) will not disqualify the daughter from obtaining an immigrant visa based on an immediate relative petition filed by a U.S. citizen spouse.

1 Answer | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Adan Vega
Adan Vega
answered on Apr 23, 2020

If (1) you are a U.S.citizen and (2) your spouse lawfully entered the U.S. and (3) she is not otherwise inadmissible then the adjustment of status request can be made with USCIS.

Keep in mind that the adjustment of status filing may trigger a finding of preconceived intent if filed...
View More

3 Answers | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa ?

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2020

You should post this question in the immigration section.

View More Answers

1 Answer | Asked in Immigration Law for Georgia on
Q: Is getting unemployment checks for 2 months disqualify a petitioner for filing AOS or have bad effects on case.

My wife filed petition for her parents and now we are working on affidavit of support but she is out of work because of coronavirus and she will be getting unemployment checks up until her daycare reopen so my question is would it disqualify her for filing affidavit of support because of getting... View More

Robert Roy Klein
Robert Roy Klein
answered on Apr 3, 2020

I recommend holding off on filing the affidavit until after the daycare reopens.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.